The Study Of Anticipated Possibility In Duty Crimes

In the period of china social transition, the chaos of social order occurs, the social morality deteriorates, and the work environment of the state organs becomes worse. The unhealthy work environment of the state organs gets state functionaries fell into dire straits in which they cannot choose legitimate conducts, thus the occupational crimes arise. So this discourse will concerns the problem of how to treat and solve the phenomenon of occupational crimes of this kind. In other words, the discourse will investigate the issue of anticipated possibility in occupational crimes. With the guidance of the theory of anticipated possibility, the discourse analyzes the manifestations and causes of the anticipated possibility in occupational crimes, and puts forward the solution to the issue of anticipated possibility in occupational crimes, with a view to promote the humanity in the criminal justice of occupational crimes.The discourse is composed of introduction and text, and the text consists of four parts.Chapter one is the summary of the theory of anticipated possibility. The theory of anticipated possibility is a theory which concerns the subjective aspects of an actor. This theory not only bears abundant value of humanity, but also possesses the functions of preventing imputation just by external behavior, meditating on the position of the counterpart. Anticipated possibility belongs to the issue of subjective faults in our country's criminal law. Though the criminal law does not explicitly prescribe anticipated possibility, some articles of the law text reveal the spirit of anticipated possibility.Chapter two talks about the significance of investigating anticipated possibility in occupational crimes. The significance of investigating anticipated possibility in occupational crimes is to advance the shaping of the thought of sticking to humanity in the criminal justice of occupational crimes, to promote humanity in the legislation, administration of justice and prevention of occupational crimes, and to optimize the work environment of the state organs.Chapter three analyzes the contributing factors which reduce the anticipated possibility in occupational crimes. This chapter investigates the factors of unreasonableness of political system,abnormal operation of power,conflicts between policies and law,"unspoken rules" in officialdom and the imperfection of protection system of the rights of civil servants, which altogether induce the reduction of anticipated possibility in the state functionaries performance of their duty.Chapter four puts forward the solution to the issue of anticipated possibility. In the light of the theory of anticipated possibility, the discourse claims that when a criminal is caught in a difficult position in which he cannot choose legitimate acts but commit occupational crimes, the criminal should be given a lighter or mitigated punishment or be exempted from punishment. The discourse also suggests some measures on perfecting the legislation of occupational crimes, and brings forward various precautionary measures of preventing occupational crimes whose keystone is systematic prevention. The measures of strengthening the protection of the rights of civil servants and optimizing the work environment of state functionaries are also proposed in the discourse.